Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 63.

I wish to speak also to Amendments Nos. 64 to 77 inclusive. These amendments improve and clarify the drafting of the clauses on extended sentences. In particular, they bring the provisions for Scotland into line with those for England and Wales by requiring a court to obtain a report before imposing an extended sentence and by specifying the role of the Parole Board in relation to review and the continued detention on extended sentences of prisoners who have been recalled to custody.

Moved, That the House do agree with the Commons in their Amendment No. 63.--(Lord Hardie.)

On Question, Motion agreed to.

22 Jul 1998 : Column 1004

COMMONS AMENDMENTS

64
Clause 79, page 63, line 19, after ("sentence") insert ("is a sentence of imprisonment which").
65
Page 63, line 22, leave out ("under") and insert ("by virtue of").
66
Page 63, line 30, at end insert--
("( ) A court shall, before passing an extended sentence, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.").
67
Page 63, line 37, leave out ("equal to") and insert ("not exceeding").
68
Page 63, line 38, leave out ("of not more than") and insert ("not exceeding").
69
Page 64, line 10, at end insert--
(""licence" and "relevant officer" have the same meaning as in Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993;").
70
Clause 80, page 65, line 43, after ("Act") insert (", except section 1A,").
71
Page 66, line 2, leave out ("(a)").
72
Page 66, leave out lines 5 to 7.
73
Page 66, line 24, after first ("to") insert ("section 1A(c) of this Act and").
74
Page 66, line 43, leave out ("and").
75
Page 66, line 44, after ("period"") insert ("and "imprisonment"").
76
Page 66, line 46, after ("In") insert ("section 1A(c) and").
77
After Clause 80, insert the following new clause--

Re-release of prisoners serving extended sentences

(". After section 3 of the 1993 Act there shall be inserted the following section--

"Re-release of prisoners serving extended sentences.

3A.--(1) This section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) who has been recalled to prison under section 17(1) of this Act.
(2) Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board--
(a) where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the disposal of that referral;
(b) in any other case, at any time.
(3) Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single sentence with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he has served one half of that other sentence.
(4) Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released.
(5) If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence."").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 64 to 77 en bloc.--(Lord Hardie.)

Moved, That the House do agree with the Commons in their Amendments Nos. 64 to 77.--(Lord Hardie.)

On Question, Motion agreed to.

22 Jul 1998 : Column 1005

COMMONS AMENDMENT

78
Clause 82, page 68, line 23, after ("any") insert ("particular").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 78.

I wish to speak also to Amendments Nos. 79 to 81 inclusive. Amendment No. 78 is a technical amendment which clarifies that, when a court makes a drug treatment and testing order, the treatment requirement may be for residential or non-residential treatment, or a combination of both.

Amendment No. 79 allows a court to cite an offender to appear before it when it hears an application by the supervising officer for amendment of a drug treatment and testing order. This means the court will be able to dispose of the application directly without the need for a further sitting. Before amending or revoking a treatment and testing order, a court must first hear the offender and supervising officer.

As presently drafted, the Bill would only allow the court to cite an offender once a decision had been taken to revoke the order. This would in practice mean the court having to sit twice, first to hear the application, then to hear the offender. This would be a waste of time for the court. We wish courts to be able to dispose of applications without the need for further sittings. The proposed amendment facilitates this. The two remaining amendments are consequential on Amendment No. 79.

Moved, That the House do agree with the Commons in their Amendment No. 78.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

79
Clause 84, page 70, line 22, at end insert--
("(1A) Where an application is made under subsection (1) above by the supervising officer, the court shall issue a citation requiring the offender to appear before the court.").
80
Page 70, line 41, leave out from beginning to end of line 5 on page 71 and insert--
("(4) Where the court, on the application of the supervising officer, proposes to vary (otherwise than by deleting a requirement or provision) a drug treatment and testing order, sections 234B(5) and 234D(1) of this Act shall apply to the variation of such an order as they apply to the making of such an order.").
81
Page 71, line 7, leave out ("(4)") and insert ("(1A)").
82
Clause 88, page 75, line 21, leave out ("of, or association with members of,") and insert ("(or presumed membership) of").
83
Page 75, line 27, at end insert--
("(2A) In subsection (2)(a) above--
"membership", in relation to a racial group, includes association with members of that group;
"presumed" means presumed by the offender.
(2B) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender's malice and ill-will is also based, to any extent, on--
(a) the fact or presumption that any person or group of persons belongs to any religious group; or
(b) any other factor not mentioned in that paragraph.").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 79 to 83 en bloc.

22 Jul 1998 : Column 1006

Moved, That the House do agree with the Commons in their Amendments Nos. 79 to 83.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

84
Clause 92, page 80, line 11, after ("may") insert (", if the curfew condition is still in force,").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 84.

This amendment is necessary to restrict the power to recall a prisoner released on home detention curfew to any period during which the curfew condition remains in force.

Moved, That the House do agree with the Commons in their Amendment No. 84.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

85
After Clause 92, insert the following new clause--

Early release: two or more sentences

(".--(1) For subsection (2) of section 51 of the 1991 Act (interpretation of Part II) there shall be substituted the following subsections--
"(2) For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if--
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.
(2A) Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.
(2B) Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term--
(a) nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;
(b) nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;
(c) on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; and
(d) the date mentioned in section 40(1) above shall be taken to be that on which he would (but for his release) have served each of the sentences in full.
(2C) Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the Crime (Sentences) Act 1997), nothing in this Part shall--

22 Jul 1998 : Column 1007

(a) require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or
(b) require the Secretary of State or the Board to consider the person's release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.
(2D) Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 55 of the Crime and Disorder Act 1998) included the extension period (within the meaning of that section)."
(2) After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection--
"(4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms."").
86
Insert the following new clause--

Restriction on consecutive sentences for released prisoners

(".--(1) A court sentencing a person to a term of imprisonment shall not order or direct that the term shall commence on the expiration of any other sentence of imprisonment from which he has been released under Part II of the 1991 Act.
(2) Expressions used in this section shall be construed as if they were contained in that Part.").
87
Clause 94, page 81, line 3, at end insert ("or (3A)").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 85 to 87 en bloc.

Moved, that the House do agree with the Commons in their Amendments Nos. 85 to 87.--(Lord Williams of Mostyn.)